Accessory to an offense after the fact indicates that you assisted someone after they perpetrated a felony offense for the accused to avoid prosecution. It's not as bad as assisting someone in the execution or planning of a felony offense, but it's still a serious crime. The following are some examples of how you can be an accessory after the fact:
- Giving someone who perpetrated a felony offense a false alibi by claiming you were with him/her or saw the offender at a location other than the crime scene at the moment of the incident
- Allowing a felony offender to hide in your home or on your property
- Allowing the individual to hide stolen valuables or money on your property or in your home
- Assisting the individual in escaping the law enforcement officers by driving him or her to another place
- Assisting in the concealment, disposal, or destruction of incriminating evidence, like bloodstained garments or weapons
To be an accessory after the fact, you must have known the other person perpetrated a felony offense and then assisted that individual in some way after the offense was perpetrated, intending to assist the accused in avoiding arrest and/or criminal penalty for the offense.
According to California PC 32, "everyone who conceals, hides, or assists a person in such a crime, intending to escape or evade arrest, conviction, trial or punishment, knowing that the said individual has perpetrated such a crime or has been accused of such crimes or found guilty thereof, is an accessory to such a crime."
Offenses Related to an Accessory After the Fact
There are various other offenses associated with accessory after-the-fact chargers. These include the following, but are not limited to:
Obstruction of Justice
If the offense is a misdemeanor, such as petty theft, you can't be convicted of accessory after the fact. However, you would be charged with obstructing justice. For instance, if an acquaintance steals a bicycle and conceals it in your garage for less than $950, you will have assisted your acquaintance in committing a petty crime. You could face charges of obstruction of justice if you helped your acquaintance conceal evidence and avoid arrest.
Aiding and Abetting
If you assisted the offender in planning or committing a crime in California, you could face criminal charges. For example, if you know your acquaintance is intending to steal an armored vehicle and agrees to conceal the getaway vehicle along with some of the cash in your garage while the offense is being planned, you could be prosecuted as a principal, which implies you could be charged with armed robbery.
What the Prosecution Has to Prove
For you to be convicted of being an accessory after the fact under California law, the prosecutor needs to prove beyond any reasonable doubt that all of the aspects of the offense were present. The prosecution has to prove the following elements:
- Someone else committed the crime
- You were aware that the individual in question had committed, been accused of, or been found guilty of the crime.
- You housed, concealed, or helped the offender after the crime was done
- You intended for the perpetrator to avoid arrest, conviction, trial, or punishment when you intervened.
It is insufficient if only one, 2, or 3 of the preceding elements are true. To find you guilty, the prosecutor must establish all four of the aforementioned elements beyond any reasonable doubt. Assume you hid a vehicle in your garage since an acquaintance urged you to. Your acquaintance informs you that he/she is trying to raise the money he/she owes for his or her car payment and that he/she does not want the vehicle repossessed in the meantime.
You're unaware that you're hiding the vehicle since your acquaintance used it to rob an armored vehicle. He/she disguised himself/herself during the robbery. However, the vehicle was there, he/she drove it away, and it was traced back to your residence. Furthermore, the accused has put some of the cash he or she stole from the armored vehicle in the car's trunk. The vehicle is crucial evidence that could assist law enforcement agencies in proving he/she perpetrated the felony offense of armed robbery.
- The first element is present: your acquaintance robbed an armored vehicle
- Element two is missing: you were completely unaware of the robbery
- The third element is also present: after your acquaintance robbed the vehicle, you assisted him by concealing the vehicle and the proceeds from the crime
- The fourth element is missing: you weren't trying to assist your acquaintance in escaping the heist since you were unaware of the robbery
Under these circumstances, you should not have been convicted of this offense. To find you guilty of the crime, the prosecution must establish beyond any reasonable doubt that:
- Your acquaintance perpetrated a felony offense, like armed robbery
- You learned about the offense after it happened
- You assisted your acquaintance after he or she perpetrated the criminal offense, and
- You intended to help your acquaintance avoid arrest, punishment, and conviction after committing the criminal offense
It’s therefore very critical for you to seek the services of an experienced attorney to fight these allegations on your behalf.
Legal Principles of an Accessory After the Fact
The offense of accessory after the fact is defined in PC 32 by two legal principles:
1. Actus Rea
In this case, you should have been aware that the offender perpetrated a felony offense and that you planned to assist that individual in avoiding arrest and consequences after the offense had been committed. Actus rea is a Latin phrase that means "guilty act." To be found guilty of this offense, a crime should have occurred and you should have done something to assist the perpetrator in avoiding arrest and/or penalty.
2. Mens Rea
The Latin term mens rea means "guilty mind." You should be aware that you're breaking the law if you're convicted of most offenses.
Consequences of a California Accessory after the Fact Crime
Accessory after the fact is considered a wobbler offense under PC 32, which means the prosecution could charge you with either a misdemeanor or a felony. Even though the original offense should have been charged as a felony, being an accessory after the fact could be convicted as either a misdemeanor or a felony. The prosecution could consider the following factors when considering whether to prosecute you for a misdemeanor or a felony charge:
- The gravity of the felony offense
- What you did to assist the offender
- Whether you've got a criminal past
How You Can Defend Yourself From a California Accessory After the Fact Charge
A good defense lawyer can argue your case using a variety of defenses. Professional criminal defense lawyers commonly use the following defenses:
You Were Not Aware
If you didn't know that you were assisting the offender who perpetrated a criminal offense, you lacked knowledge that you were aiding the accused to evade arrest, conviction, trial, or punishment. For instance, an out-of-town acquaintance calls to tell you that his or her spouse is divorcing him/her and has thrown him/her out of the apartment. He or she wants to spend a few weeks with you. You have no idea that the exact reason he or she wants to come to visit is that he/she has been found guilty of a crime and wishes to hide out at your apartment rather than report to the officers to serve his/her sentence.
You Were Being Coerced
If you feel your safety is jeopardized, an attorney could be able to effectively defend an accessory after the fact accusation. You're not an accessory after the fact if the individual who perpetrated the offense threatened your life and/or you were fairly certain that he or she would carry out the menace if you didn't help them.
If an offender approaches your doorstep with a firearm and tells you that you should hide him/her and assist them to hide or destroy the evidence, you're acting under duress. Or maybe the offender gets into your vehicle, takes out a firearm, and orders that you drive him or her somewhere else after they carry out the crime.
You Were Merely a Spectator
You're not an accessory after the fact if you hear or witness an offense being perpetrated and refuse to provide information to the authorities because you don't want to get involved. Your goal is not to aid the offender in escaping justice but to mind your affairs. You're under no legal responsibility to provide the police with information. If you're called to testify in court or at a deposition, then you've got a legal duty to do so.
However, you're under no obligation to provide authorities with your contact information or to tell them what you saw, even if they urge you to appear for interrogation. Under these circumstances, the best option you can take is to respectfully refuse or request that your lawyer be present. For instance, if you witness a drive-by shooting in your area and are scared to tell the officers because you're afraid of possible gang revenge, you're not required to tell them what you witnessed.
You Were Mentally Ill
The law often uses what a reasonable individual would or would not do in a similar case as a baseline of ethical, law-abiding conduct. Someone who is impaired as a result of intoxicants, like alcohol or another controlled substance, a mental condition, or a physical illness that affects his or her ability to think is unable to act and think reasonably. Even though the impairment is just temporary, your lawyer can establish that you lacked the mental capacity to deliberately perpetrate a crime.
For instance, if an acquaintance shows up at your home and requests that you hide him or her from the police or take him or her to another place while you're under the influence of alcohol or drugs, an experienced attorney could claim that you could not make a logical decision as to whether you intended to be involved in an offense at the moment.
Mistaken Identity Or False Accusation
In some situations, your attorney could be able to demonstrate that you were wrongly accused or that you're a victim of mistaken identity. In the heat of the event, it's common for an eyewitness to misidentify someone. Perhaps you fit the description, but you were not the person who had been identified. Mistaken identification or false accusation is a common cause of false arrests and unjust convictions.
No Crime Was Committed
Some California offenses are considered wobblers. This implies that they could be penalized as a felony or misdemeanor offense. If you deliberately assisted the offender after the crime occurred and the crime was charged as a felony, you could be charged with accessory after the fact. If the offense is filed as a misdemeanor, you could face additional charges, like obstruction of justice, but you will not be convicted of accessory after the fact.
Frequently Asked Questions About an Accessory After the Fact Crime
The following are the most frequently asked questions regarding this crime:
What If I Assist an Offender Who Has Committed Premeditated Murder? Will I Be Accused Of Murder As Well?
If you had no idea they were planning to perpetrate murder, but they requested your assistance after the murder, you could be charged with being an accessory after the fact, but not with murder. You should have assisted in the preparation or execution of the crime to be convicted of it. A critical point to note is that if you were aware that the accused was about to kill someone before the offense occurred and you volunteered to aid them after they murdered the victim, you could be convicted of murder.
For instance, if a friend shows up at your apartment and requests you to hide him/her after he or she has already killed someone, and you agree, and then hide your friend, you can't be convicted of murder. However, you could be convicted of accessory after the fact.
What if I Unknowingly Helped an Acquaintance Commit an Offense? Will I Be Charged With Accessory After the Fact If I Don't Report the Felony Offender To The Law Enforcement Agencies?
If you didn't intend to assist an acquaintance in committing a crime when you offered help, it means that one of the aspects of accessory after the fact is lacking. However, once you learn about the offense, you should stop assisting the individual. For example, you must inform your friend that he or she is not permitted to stay at your home or hide evidence or stolen assets there. Also, speaking with a professional lawyer about the unique facts of your position and allowing the lawyer to counsel you on what you should do next to evade criminal charges would be a smart move. You can consult your lawyer at any time, and he or she is bound by ethics not to disclose what you say, even if you've not been found guilty of a crime.
Would I Still Be Charged With Accessory After The Fact If An Acquaintance Was Convicted Of A Felony In A Wobbler Crime And The Charges Were Lowered To A Misdemeanor In A Plea Bargain?
If the offense committed by your acquaintance was initially charged as a felony, you would be accused of accessory after the fact. Depending on the details of your lawsuit and whether you possess a prior criminal record, a skilled lawyer would be able to reduce your charge to a less serious offense, such as obstruction of justice.
What Is the Difference Between Accessory After the Fact and Aiding and Abetting Crimes?
The difference between accessory after the fact and aiding and/or abetting offenses is critical under California law. The distinction between the two could appear to be quite thin. According to California PC 31, "any individual who assists in the commission of an offense is guilty." The distinction is minor yet significant. An accessory after the fact, on the other hand, implies that you assisted the accused who has perpetrated an offense in avoiding arrest after the crime occurred. Aiding and abetting refer to direct involvement in the offense.
Find a Los Angeles Criminal Lawyer Near Me
If you're charged with infringing California's PC 32 accessory after the fact provisions, you could well have assumed that you were simply doing a harmless deed of assisting a partner. However, they are significant charges with serious repercussions. This means you'll need a skilled and experienced lawyer to mount a strong defense in your case.
We at the Los Angeles Criminal Lawyer have successfully defended individuals charged with serious offenses in Los Angeles. Our criminal defense attorneys have the experience and knowledge to help you avoid serious consequences. We will engage with you right away to evaluate the facts of the case and start developing a defense strategy to help you achieve the best possible result. Call us at 310-502-1314 to schedule a free consultation with one of our experts.
